Easton v. George Wostenholm & Son, Ltd.

Citations

• 137 F. 524
• 70 C.C.A. 108
• 1905 U.S. App. LEXIS 4576

Syllabus

<p>1. Partnership—Dissolution—Retiring Partner’s Liability—What Law Governs.</p> <p>Where a partnership was organized in California, the liability of a retiring partner to a creditor of the firm was governed by the law of California, though it also carried on busin'ess in Costa Rica.</p> <p>2. Same—Goods Purchased Abroad.</p> <p>Where a firm doing business in California and Costa Rica purchased goods in England through complainant, as a purchasing agent, under an agreement that complainant in England should advance the money for the purchase, and to prepay freight, insurance, and other charges, for a commission of 5 per cent., complainant’s contract was to be performed in England, and was therefore governed by English law; and this though some of the goods were ordered through complainant’s agent in Costa Rica, authorized “to take orders and make needful business arrangements.”</p> <p>3. Same—Shipment of Goods—Title—Delivery to Carrier—Retiring Partner.</p> <p>Where a firm employed complainant to purchase goods for it in England—complainant agreeing to advance money for the purchase, and to prepay freight, insurance, and other charges, for a commission of 5 per cent.—title to goods so purchased passed to defendant firm on delivery of the goods to a common carrier for transportation to such firm, as against a retiring partner, regardless of the time when the bill of lading therefor was mailed.</p> <p>[Ed. Note.—For cases in point, see vol. 43, Cent Dig. Sales, § 535.]</p> <p>4. Same—Harmless Error.</p> <p>Where, in an action by an English purchasing agent against the retiring partner of a firm to recover advances made to purchase goods ordered by the firm, the court properly charged that, as against such retiring partner, the title to the goods passed to the firm on delivery to a carrier prior to the agent’s acquiring notice of the partner’s retirement, other instructions in conflict therewith were favorable to defendant, of which he could not complain on appeal.</p>